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Long Residence (10 years) varying from Tier 1 Ent pending

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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costumedesign
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Joined: Wed Jan 18, 2017 7:18 pm

Long Residence (10 years) varying from Tier 1 Ent pending

Post by costumedesign » Mon Jul 10, 2017 10:03 pm

My tier 1 entrepreneur extension application is still pending after 6 months and I am reaching 10 years long residence within the 28 days limit next month (September 3, 2007,) if possible I want to vary my application to SET (LR) if I am covered by s3c

1. Most important, I am trying to determine if I am still covered by s3c leave. I put in an in time T1 application 10/2016 which was refused 12/2016-I applied in time for an admin review which was refused 1/2017. I put in a fresh application within the 14 day time limit 1/2017 which is currently pending. Is my s3c valid?

2. Is there a way to confirm s3c leave? Can I contact the Home Office directly to verify?

3.What supporting documents are best to include? Should I include character references? The guidance is extremely vague.

4. If I vary my application to SET (LR) the difference in the fee is £100, do I pay £100 or do I pay the full fee and request a refund of the difference? I will be sending my application by post as I am in the UK.

Thank you!

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zimba
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Re: Long Residence (10 years) varying from Tier 1 Ent pendin

Post by zimba » Tue Jul 11, 2017 12:40 am

1. Most important, I am trying to determine if I am still covered by s3c leave. I put in an in time T1 application 10/2016 which was refused 12/2016-I applied in time for an admin review which was refused 1/2017. I put in a fresh application within the 14 day time limit 1/2017 which is currently pending. Is my s3c valid?
No. Your section 3C ended when your AR was refused, which ends your lawful stay in the UK.
You have been an overstayer since Jan 2017. You also do not have 10 years legal stay for that reason and not eligible for SET(LR)
2. Is there a way to confirm s3c leave? Can I contact the Home Office directly to verify?
No
3.What supporting documents are best to include? Should I include character references? The guidance is extremely vague.
You are not eligible for 10 year ILR
4. If I vary my application to SET (LR) the difference in the fee is £100, do I pay £100 or do I pay the full fee and request a refund of the difference? I will be sending my application by post as I am in the UK.
Full fees paid as normal. Obviously you are not eligible for 10 year ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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